This is my next post in a series of articles which addresses the question of how much a divorce costs in Nevada. My last post discussed why the cost of a divorce will vary, depending on the circumstances. It also pointed out how important it is to retain an experienced attorney. In this article, I will be discussing the fact that a Court can order one spouse to assist with the other’s legal fees. Nevada recognizes that some individuals may find themselves financially dependent on the other, which could make it difficult to seek divorce without financial help. If you or a loved one are in need of assistance then contact my office today to speak with a Las Vegas lawyer.
Las Vegas Family Court judges may order assistance with fees when there is an income disparity between the parties
Nevada is a community property state. This means that income and property acquired during a marriage is considered jointly owned, no matter who earned the money. Under Nevada Revised Statutes 125.040, Courts may order one spouse to pay money necessary to enable the applicant to carry on or defend the suit. This means that one party may be directed to pay some or all of the other party’s attorneys fees at the beginning of the case or during litigation, not just at the end. An income disparity of any amount does not automatically justify such an order by the Court, however. Courts will consider whether denying monetary assistance would result in an unfair trial or an imbalance of power between the two parties. The goal in a divorce proceeding is for both parties to be able to adequately participate and defend their interests. Sometimes one party does not have the resources available to make this a reality.
Consider the following example. A husband earns $150,000 per year while his wife has spent the last ten years at home raising their children. She has no income or access to their bank accounts. Consequently, she has no ability to hire a lawyer for a divorce. Her husband’s income is considered community property, so the Court could order him to pay her legal fees to ensure fairness because she has no way to pay for legal representation. Courts may choose to not intervene in situations where both spouses work and have similar incomes. For example, if one spouse makes $75,000 and the other earns $50,000 per year, the disparity may not be enough to justify a court order for fees. How the Court will rule, in any given situation, will always depend on the specifics of the case.
Las Vegas spouses typically should not view legal fees as a reason to avoid getting divorced
Some spouses may stay in dysfunctional or abusive marriages simply because they cannot afford to leave. Fear of expensive legal fees may keep someone in a negative or harmful situation rather than pursuing a divorce. But Nevada law is in place to prevent this type of thinking. A dependent spouse could be awarded legal fees from the other spouse who earns the household income or makes significantly more. For example, a husband stays home with the children full-time while the wife is a high-earning executive. The husband wants to file for divorce but stays because he has no way to pay for an attorney. Instead, the Court can review the situation and require the wife to contribute to the husband’s legal fees. This way no one is forced to go into a divorce without legal representation or stay in a bad marriage.
If you are considering divorce but are unsure how you will pay for an attorney then contact my office for more information. You may have the right to financial assistance from your spouse under Nevada law if there is a significant income imbalance between you and your spouse that keeps you from proceeding otherwise. I can walk you through your options and help you petition the Court for assistance. I take pride in providing honest advice and excellent legal representation to my clients. Contact my firm online or by phone today.